Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.

congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.

Though first things first: chill out, its champagne time!! Enjoy!!

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GCNirvana007

03-30 08:18 AM

Thank you guys for helping me. Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write. Thanks again!

We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.

She should be eligible for COBRA ... no issues.

And I guess she is also eligible for the discount/economic stimulus on COBRA. I did not see anything that suggest one must be a Citizen/LPR for that discount

Did you get an RFE for ability to pay before it was denied? if yes, a good lawyer would have helped you answer that. Now you must ask your company to appeal this decision. It takes a year or more for this appeal to be answered. You can use this proof to get your H1B extended if needed. (that is also an option for you).

Even while the appeal is in process, you can start looking around and find a good employer.

Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.

In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.

We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.

Yes, You need to file it along with the receipt notice so that they can associate it with your 485.

Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.

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gene-O

10-20 06:18 PM

1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this. 2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar. 3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

I am also in same boat, I was gathering information on the same and found different solutions.

1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support, 2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer 3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140. 4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

please advice on the same, good questions synergy.

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aj130346

03-15 08:29 PM

My comany is filing a second LC under PERM for a substantially different job position and job location.

My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.

1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?

2. If not, is there any other alternative I can go with ?

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aps

01-07 10:09 AM

can you please explain little more? what is meant by after invoking, is it AC21?

If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21? thanks in advance.

Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.

_________________________ Not a legal advice. US citizen of Indian origin

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immigrant-in-law

04-04 11:59 AM

Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

************** Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name? We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?